Will the work during the illness prolong the illness?

Continued payment of wages: Renewed entitlement only in the event of a new illness

In the event of illness, the employer continues to pay the wages for six weeks, after which the health insurance company pays part. It becomes more complicated with a new illness.

© dpa

The certificate of incapacity for work indicates how long an employee cannot work.

In the event of illness, employers continue to pay their wages for the first six weeks, after which the health insurance company takes over. This is often associated with losses for the employee. If you submit another medical certificate after six weeks, you can continue to receive wages again.
However, the prerequisite is that the disease is new and unrelated to the previous one. This is pointed out by the Labor Law Working Group of the German Lawyers' Association (DAV). It relates to a decision by the Cologne Regional Labor Court (Az .: 7 SA 454/12).

Employer refused to continue paying wages

In the case under discussion, an employee was on sick leave from August 19 to October 3, 2011. He received continued pay in the event of illness and, from October 1st to 3rd, 2011, the sickness benefit from his health insurance company.
For the period from October 4, 2011, he again submitted a medical certificate. The doctor then ticked “Initial certification”. He had diagnosed a sugar and blood pressure disease. The employee was of the opinion that the six-week period for sick pay starts again. The employer refused.

New illness must be proven

The state labor court ruled that the employer does not have to pay. The employee's entitlement is limited to a period of six weeks if the inability to work is due to the same illness (continuation illness).
The employer denied that from October 4, 2011, a new first illness appeared as the sole cause of the illness. The employee is obliged to prove that. But he couldn't.

Another continued payment of wages without a new diagnosis?

Two continued payment of wages for the same diagnosis: This exception only applies in two cases. If an employee is not unable to work for at least six months as a result of the same illness before the new incapacity for work, he will receive the money. You are also entitled to continued payment of wages if a period of twelve months has expired since the beginning of the first incapacity for work.
Incidentally, a second or further illness within the incapacity for work does not extend the duration of continued payment of wages. Also good to know: If an employee is repeatedly unable to work with the same illness within twelve months, the sick days are added up - until the six weeks are reached.

Continued Remuneration Act as the basis

The continued payment of wages in the event of illness for workers, salaried employees and trainees is regulated in the Continued Remuneration Act (EFZG). It refers to continued payment of wages on public holidays and in the event of illness as well as to the duration and amount of continued payment. The obligations of the employee are also laid down in it.
The regulations do not apply to civil servants. They will continue to receive their full remuneration until they recover or are retired due to permanent incapacity. Special regulations sometimes apply to employees in the public sector. In many cases, you will receive a sick pay allowance that compensates for the loss of income during your incapacity for work.

Continued payment of wages in the event of illness: Employees can lose entitlement

If employees get sick, they are entitled to continued payment of their wages. If employees cause their illness deliberately, they can lose it. However, the standard for this is high. more

Continued payment of wages in the event of illness: supplements may be waived

Surcharges for Sunday work may be waived if wages are still paid in the event of illness. According to the court, not being able to maintain one's own standard of living without the money is not an argument. more

Source: dpa / BerlinOnline

| Updated: Tuesday, March 10, 2020 8:56 am

more on the subject